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About Media and Entertainment Law in White Plains, United States

Media and entertainment law covers the legal issues that arise when creating, producing, distributing, broadcasting, performing, or monetizing creative work. In White Plains - a regional hub in Westchester County with active commercial districts, parks, and local production activity - the practice typically involves contract drafting and negotiation, intellectual property protection, licensing and distribution, permits and location agreements, employment and union compliance, privacy and publicity rights, and dispute resolution. Work in this field often requires coordination across municipal rules, New York State law, and federal law, plus industry standards from unions and rights organizations.

Why You May Need a Lawyer

Some common situations where people and businesses in White Plains need a media and entertainment lawyer include:

- Drafting and negotiating production agreements, talent deals, option and purchase agreements for scripts or content, and distribution contracts.

- Registering, protecting, or enforcing copyrights, trademarks, and other intellectual property rights.

- Clearing rights for music, images, footage, and third-party content - including securing sync licenses and mechanical licenses.

- Advising on publicity and privacy issues - for example, use of a person`s name, image, or voice under New York rights of publicity rules.

- Responding to defamation or privacy claims - assessing risk and defending or pursuing litigation.

- Handling union and guild requirements - ensuring compliance with SAG-AFTRA, IATSE, or other collective bargaining agreements when hiring performers and crew.

- Obtaining permits and location agreements for filming or events on city property, streets, parks, or private property.

- Advising on employment classification - distinguishing employees from independent contractors and handling payroll, taxes, and residuals.

- Managing licensing and distribution deals for theaters, broadcasters, streaming platforms, and digital marketplaces.

- Resolving contract disputes, breaches, or claims through negotiation, mediation, arbitration, or litigation.

Local Laws Overview

When operating in White Plains, there are several local and regional legal issues to keep in mind:

- Filming and location permits - The City of White Plains requires permits for commercial filming, large photographic shoots, and events that use public streets, parks, or city facilities. Permit requirements can include proof of insurance, traffic control plans, and fees for street closures or police services.

- Municipal regulations and zoning - Zoning rules and local ordinances can limit where certain activities - like live performances, large outdoor screenings, or studio operations - are allowed. Building and occupancy permits may be required for production offices or rehearsal spaces.

- Noise and public disturbance rules - Local noise ordinances and park rules may restrict hours of operation and sound levels. Late-night shoots or amplified performances often need special permission.

- Property and location access - Property owners and managers usually require signed location agreements and releases. Trespass and private property rules are strictly enforced, so always secure written permission before filming.

- Public safety and traffic - Filming that impacts sidewalks, parking, or traffic lanes may require traffic control plans and coordination with local police or public works departments.

- Child performer rules - New York State has strict laws regulating child performers, including permits, education requirements, and on-set conditions. Productions with minors must comply with state labor rules.

- Intellectual property and publicity rights - New York law provides rights of publicity and privacy protections that can affect the use of a person`s likeness or voice. Copyright and trademark rules are governed by federal law, but local activity often requires local counsel to navigate clearances and enforcement.

- Permits from county and state - Some locations and government-owned properties in Westchester County and New York State may have separate permit processes. Coordinate with the Westchester County film office or state agencies as needed.

- Federal rules that can apply locally - Drone use and airspace issues fall under FAA rules. Broadcast content may be subject to FCC rules in certain contexts. Productions must meet these federal requirements in addition to local rules.

Frequently Asked Questions

How do I get a permit to film in White Plains?

Start by contacting the city office that handles filming permits - often the City Clerk, Department of Public Works, or a dedicated film office for the municipality. You will typically need to submit an application describing dates, times, locations, crew size, equipment, and any street closures or public impacts. Expect to provide proof of insurance, a certificate of liability insurance naming the city as an additional insured, and to pay permit fees. For county or state locations, contact the Westchester County film office or the relevant state agency.

Do I need releases to film people in public places?

Generally, filming people in a public place where there is no expectation of privacy is allowed for news and documentary purposes. However, if you plan to use the footage for commercial advertising, fictional works, or to exploit a person`s likeness, it is best practice - and often legally required - to obtain written releases from identifiable individuals. Always get property releases from owners before shooting on private property.

How do I clear music for a production?

Music clearance usually requires obtaining at least two rights - the composition right from the publisher and the sound recording right from the record label - unless you are using a new recording or licensing a work under a different arrangement. For public performances and broadcasts, performance licenses from performing rights organizations such as ASCAP, BMI, or SESAC may also be needed. A lawyer or experienced music clearance professional can identify which rights you need and negotiate licenses.

What are my options if someone uses my copyrighted work without permission?

If someone uses your copyrighted work without authorization, options include sending a cease-and-desist letter, issuing a DMCA takedown notice if the content is hosted online, negotiating a settlement or licensing fee, or filing a lawsuit for infringement. Timing, evidence of ownership, and the scale of the unauthorized use will influence your strategy. A lawyer can help collect evidence, calculate damages, and pursue enforcement.

How should I structure talent and crew agreements?

Clear, written contracts should cover the scope of work, compensation, credit, schedules, rights granted (including intellectual property and licensing), warranties and representations, indemnities, confidentiality, insurance requirements, and dispute resolution. Specify whether rights are exclusive or non-exclusive, and include provisions for termination and force majeure. For union workers, agreements must comply with applicable collective bargaining agreements.

What are right of publicity and privacy laws in New York that affect productions?

New York recognizes rights of publicity that protect an individual`s name, likeness, and identity from unauthorized commercial exploitation. Productions that use a recognizable person`s image or identity for commercial purposes should obtain written releases. Privacy laws may also restrict the use of private facts or recording individuals in situations where they have a reasonable expectation of privacy. Consult counsel before using personal images or stories that could raise claims.

Are there special rules for filming on city-owned parks or public landmarks in White Plains?

Yes. City-owned parks, plazas, and landmarks typically require special permits and may have additional fees, insurance requirements, and restrictions to protect public safety and preserve the space. Some locations limit hours, prohibit certain equipment, or require restoration deposits. Check with the city parks department and the permit office well in advance.

What insurance should a production carry in White Plains?

Common insurance coverages include commercial general liability insurance, workers compensation, employer`s liability, and, for film productions, errors and omissions (E&O) insurance and production insurance that covers equipment and sets. Many permits and location agreements will specify minimum insurance limits and require that the city or property owner be named as an additional insured. Review requirements carefully and obtain certificates before production.

How do unions and guilds affect hiring actors and crew here?

If you hire union members - such as SAG-AFTRA performers or IATSE crew - you must follow the terms of the applicable collective bargaining agreements, which govern wages, working conditions, benefits, residuals, and credits. Noncompliance can lead to fines, pickets, or work stoppages. Producers should verify union status early and budget accordingly.

What should I bring to an initial meeting with an entertainment lawyer?

Bring copies of any contracts, drafts, correspondence, treatment or script pages, business formation documents, receipts and budgets, insurance certificates, and any evidence of ownership or registration of intellectual property. Be prepared to describe the project, your goals, timelines, and budget. This helps the lawyer assess risks, suggest solutions, and give realistic cost estimates.

Additional Resources

Organizations and agencies that can be useful include:

- Westchester County Film Office - resource for county-level permits, location assistance, and contacts.

- City of White Plains offices - City Clerk, Department of Public Works, Parks Department, or other local permitting bodies for municipal permits and rules.

- New York State Department of Labor - for child performer regulations and employment law questions.

- United States Copyright Office - registration and federal copyright guidance.

- United States Patent and Trademark Office - trademark registration information.

- Performing rights organizations - ASCAP, BMI, SESAC for music performance licensing.

- Unions and guilds - SAG-AFTRA, IATSE, Directors Guild of America, Writers Guild of America for union rules and standards.

- Westchester County Bar Association and New York State Bar Association Entertainment Law sections - for referrals and attorney resources.

- Federal Aviation Administration - for drone use and airspace regulations.

- Local business development and film commissions - for incentives, permits, and local production assistance.

Next Steps

If you need legal assistance in media and entertainment in White Plains, consider the following steps:

- Identify the main legal issues - contracts, permits, IP clearance, insurance, employment, or dispute resolution - so you can prioritize your needs.

- Gather documentation - contracts, emails, project summaries, budgets, and any registrations or correspondence that relate to the issue.

- Seek a specialized attorney - look for lawyers with specific experience in entertainment and media law, preferably with local knowledge of White Plains and Westchester County rules and contacts. Ask for references and examples of similar matters.

- Ask about fees and engagement terms - confirm hourly rates, flat fees, retainers, and whether alternative fee arrangements are available. Get the engagement letter in writing.

- Prepare for the initial consultation - have your key questions ready, and be prepared to explain your objectives, deadlines, and budget limitations.

- Consider nonlitigation options - many disputes are resolved through negotiation, mediation, or arbitration. Discuss alternative dispute resolution early with your lawyer.

- Comply with permit and insurance requirements before you start production - failing to do so can result in fines, shutdowns, or exposure to liability.

- Maintain records and registrations - register copyrights and trademarks where appropriate, keep clear chain-of-title documentation, and obtain signed releases for talent and locations.

Taking these steps will reduce risk, protect your creative work, and help your project move forward smoothly in White Plains. If in doubt, get advice early - resolving legal issues before they become disputes is almost always less expensive and less disruptive.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.